CHAPTER 6

CHAPTER 6 - CHAPTER 6 INTENTIONAL TORTS AND BUSINESS TORTS...

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CHAPTER 6 INTENTIONAL TORTS AND BUSINESS TORTS
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INTRODUCTION Tort Borrowed from the French, meaning “wrong” A tort is a wrong, more precisely it is a violation of a duty imposed by the civil law Criminal Law v. Tort Law Criminal – government prosecutes, fines go to state, jail time a possibility Tort – individual hires own attorney, plaintiff gets money, no jail time Keep in mind that an event can give rise to both criminal and tort law claims
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INTRODUCTION Contract Law v. Tort Law Contract dispute is over an agreement that at least two people have already made In a tort case there is usually no “deal” between people, the plaintiff argues that the law itself creates a duty that was breached Intentional Torts Harm caused by a deliberate action Does not mean that defendant intended to harm plaintiff Negligence and Strict Liability (Chapter 7) Harm caused by neglect and oversight rather than by deliberate conduct
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INTENTIONAL TORTS Defamation Right to free speech is not absolute The law of defamation concerns false statements that harm someone’s reputation Defamatory statements can be written or spoken (written = libel; spoken = slander) Four Elements to a Defamation Claim Defamatory Statement Falseness Communicated to a Third Party Injury (in libel cases the law assumes injury)
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INTENTIONAL TORTS Slander Per Se
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CHAPTER 6 - CHAPTER 6 INTENTIONAL TORTS AND BUSINESS TORTS...

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